Proposed Lead and Copper Rule Improvements
On November 30, 2023, the U.S. Environmental Protection Agency (EPA) announced the proposed Lead and Copper Rule Improvements (LCRI). Learn more using the links below:
- Rule Summary and General Fact Sheet
- General Questions and Answers
- Supporting Materials including the Federal Register Notice and technical fact sheets
EPA invites members of the public to review the proposed LCRI and supporting information and once published in the Federal Register, provide written comments in the public docket associated with this rulemaking at www.regulations.gov, Docket ID Number: EPA-HQ-OW-2022-0801.
Rule Summary
The proposed LCRI is a major advancement in protecting children and adults from the significant, and irreversible, health effects from being exposed to lead in drinking water. These advancements are based on the science and existing practices utilized by drinking water systems. Key provisions in the proposal include:
- Achieving 100% Lead Pipe Replacement within 10 years. When lead service lines are present, they represent the greatest source of lead exposure in drinking water. The proposed LCRI would require the vast majority of water systems to replace lead services lines within 10 years.
- Locating Legacy Lead Pipes. Knowing where lead pipes are is critical to replacing them efficiently and equitably. Water systems are currently required to provide an initial inventory of their lead service lines by October 16, 2024. Under the proposed LCRI, all water systems would be required to regularly update their inventories, create a publicly available service line replacement plan, and identify the materials of all service lines of unknown material.
- Improving Tap Sampling. The proposed LCRI would make key changes to the protocol that water systems must use for tap sampling informed by best practices already being deployed at the local and state level, like in Michigan. Water systems would be required to collect first liter and fifth liter samples at sites with lead service lines and use the higher of the two values when determining compliance with the rule.
- Lowering the Lead Action Level. EPA is proposing to lower the lead action level from 15 µg/L to 10 µg/L. When a water system’s lead sampling exceeds the action level, the system would be required to inform the public and take action to reduce lead exposure while concurrently working to replace all lead pipes. For example, the system would install or adjust corrosion control treatment to reduce lead that leaches into drinking water.
- Strengthening Protections to Reduce Exposure. Water systems with multiple lead action level exceedances would be required to conduct additional outreach to consumers and make filters certified to reduce lead available to all consumers. The filters must be certified to reduce lead.
Taken together, these provisions in the proposed LCRI would strengthen public health protections, reduce complexity, and streamline implementation. EPA anticipates finalizing the LCRI prior to October 16, 2024.
Questions and Answers
How do I know if I have a lead service line?
- Contact your water utility or a licensed plumber to determine if the pipe that connects your home to the water main (called a service line) is made of lead. When lead service lines are present, they represent the greatest source of lead exposure in drinking water.
- EPA is proposing the replacement of lead service lines and certain galvanized service lines under the control of the water system in 10 years or under.
- EPA is proposing to require water systems to develop an inventory that includes the material and location of service lines and connectors in their service area. This inventory would be publicly accessible and offer you another way to find out if you have a lead service line.
What can I do to protect myself from lead?
- Learn more about lead in drinking water and how to limit your exposure here. EPA also recommends you contact your water system and health department for localized guidance.
- Some steps you can take at any time, to reduce your exposure to lead in drinking water include:
- Have your water tested. Contact your water utility to have your water tested and to learn more about the lead levels in your drinking water.
- Learn if you have a lead service line. Contact your water utility or a licensed plumber to determine if the pipe that connects your home to the water main is made from lead. Contact your water utility to learn about service line replacement.
- Run your water. Before drinking, flush your home’s pipes by running the tap, taking a shower, doing laundry, or doing a load of dishes. The amount of time to run the water will depend on whether your home has a lead service line or not, and the length of the lead service line. Residents should contact their water utility for recommendations about flushing times in their community.
- Learn about construction in your neighborhood. Be aware of any construction or maintenance work that could disturb your lead service line. Construction may cause more lead to be released from a lead service line.
- Use cold water. Use only cold water for drinking, cooking and making baby formula. Hot water from the tap can contain higher levels of lead. Remember, boiling water does not remove lead from water.
- Clean your aerator. Regularly clean your faucet’s screen (also known as an aerator). Sediment, debris, and lead particles can collect in your aerator. If lead particles are caught in the aerator, lead can get into your water.
- Use your filter properly. If you use a filter, make sure you use a filter certified to remove lead. Read the directions to learn how to properly install and use your cartridge and when to replace it.
How would the proposed rule protect me?
- EPA is proposing the Lead and Copper Rule Improvements (LCRI) to significantly reduce exposure to lead through drinking water. The proposed LCRI strengthens key elements of the rule in three main focus areas: replacing lead service lines, reducing complexity for public health protection, and increasing transparency and informing the public.
- EPA is proposing to require water systems to replace lead service lines under the control of the water system within 10 years, with limited exceptions.
- The proposed rule also includes revisions that would enable states, water systems and communities to better identify where lead service lines are.
- EPA is also proposing to reduce the lead action level to 10 µg/L to require more water systems to take action sooner to control corrosion and provide public education.
- EPA is proposing to improve the public education requirements for water systems by updating the content and delivery frequency for more proactive messaging about lead in drinking water, as well as other revisions to increase transparency and better inform the public of lead exposure and health risks.
- The proposed LCRI would reduce the complexity of the rule and includes provisions that support more efficient implementation by water systems while reducing lead exposure in more communities.
- EPA is proposing to strengthen tap sampling procedures to better identify communities most at risk of elevated lead in drinking water to better compel systems to take actions.
What are the health effects of lead?
- There is no safe level of lead in drinking water. Exposure to lead in drinking water can cause serious health effects in all age groups, especially pregnant people, infants (both formula-fed and breastfed), and young children.
- Some of the health effects to infants and children include decreases in IQ and attention span. Lead exposure can also result in new or worsened learning and behavior problems. The children of persons who are exposed to lead before or during pregnancy may be at increased risk of these harmful health effects.
- Adults have increased risks of heart disease, high blood pressure, kidney or nervous system problems.
- Contact your health care provider for more information about your risks.
What is a proposed rule?
- Before EPA finalizes a drinking water regulation, it publishes a proposed rule to get feedback that EPA will consider when developing a final rule.
- EPA is sharing the proposed rule with the public to provide an opportunity for all stakeholders – from drinking water consumers to water systems to public health professionals – to share their feedback.
- You can share your input on the proposal by submitting a comment through the public docket, identified by Docket ID No. EPA-HQ-OW-2022-0801, at www.regulations.gov.
How do I provide comment on the proposed LCRI?
- EPA welcomes public input as part of the regulatory development process. EPA invites members of the public to review the proposed LCRI and supporting information and provide written comments at www.regulations.gov, Docket ID Number: EPA-HQ-OW-2022-0801. Follow the online instructions for submitting written comments. Comments must be submitted to the public docket during the 60-day public comment period.
- EPA will consider all public comments in informing the development of the final regulation. For more information and instructions on how to submit written comments to the public docket, visit: https://www.epa.gov/dockets/commenting-epa-dockets.
- EPA will also hold a virtual public hearing on January 16, 2024, at which the public will be invited to provide EPA with verbal comments. For more information on the public hearing and how to provide EPA with verbal and written comments, see registration information above.
Supporting Materials and Fact Sheets
- Federal Register Notice: National Primary Drinking Water Regulations for Lead and Copper: Improvements
- Press Release: Biden-Harris Administration Proposes to Strengthen the Lead and Copper Rule to Protect All Communities in America from Lead in Drinking Water
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Proposed Lead and Copper Rule Improvements General Fact Sheet (pdf)
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تعديلات قانون الرصاص والنحاس المقترحة من وكالة حماية البيئة (EPA). نوفمبر 2023 (pdf)
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Предложение EPA по оптимизации постановления о концентрации свинца и меди Ноябрь 2023 г. (pdf)
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Propuesta de la EPA de mejoras en la regla sobre plomo y cobre Noviembre de 2023 (pdf)
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Mga Mungkahi ng EPA sa Lead and Copper Rule Improvements November 2023 (pdf)
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Cải Tiến Quy Tắc Chì và Đồng Theo Đề Xuất Của EPA Tháng Mười Một 2023 (pdf)
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- Proposed LCRI Technical Fact Sheet: States and Public Water Systems (pdf)
- Proposed LCRI FAQ: States and Public Water Systems (pdf)
- Proposed LCRI Technical Fact Sheet: Calculating Service Line Replacements (pdf)
- Proposed LCRI Technical Fact Sheet: Deferred Deadlines for Service Line Replacement (pdf)
- Proposed LCRI Technical Fact Sheet: Inventory Validation Requirements (pdf)
- Proposed LCRI Comparison Guide for Public Water Systems and Primacy Agencies (pdf)
- Model: Safewater LCR Database and Associated Files
- Additional Information on Lead Service Lines Including Identifying Funding Sources
- Once the proposed LCRI is published in the Federal Register all EPA technical support documents and other supporting information for the proposed LCRI will be available for viewing at www.regulations.gov under Docket ID: EPA-HQ-OW-2022-0801.
LCRI Proposal Public Webinar and Hearing
EPA held an informational webinar for the public on December 6, 2023 about the proposed LCRI.
- Proposed Lead and Copper Rule Improvements: Informational Webinar (pdf)
- Proposed Lead and Copper Rule Improvements: Informational Webinar Video
EPA held a virtual public hearing on January 16, 2024, where the public was invited to provide EPA with verbal comments.
- Proposed LCRI Public Hearing Agenda and Commenter List (pdf)
- Presentation: Proposed Lead and Copper Rule (English) (pdf)
- Presentation: Mejoras Propuestas en la Regla de Plomo y Cobre (pdf)
- EPA Public Hearing Recording on Proposed LCRI
- EPA Public Hearing Recording on Proposed LCRI (Spanish)
LCRI Consultations and Stakeholder Engagements
As required under the Safe Drinking Water Act and other federal Statutes and executive orders, EPA conducted multiple consultations and stakeholder engagement activities prior to proposing the LCRI. Key consultations and engagements include:
- Webinar on Preparing Communities to Engage in EPA's Upcoming Proposed LCRI Regulatory Process: On October 17, 2023, EPA held a webinar to provide information to the public on how to participate in the rulemaking process and how to offer EPA input on the proposed LCRI once it is published:
- Webinar Presentation: Preparing for Engagement in EPA’s Upcoming Proposed Lead and Copper Rule Improvements Drinking Water Regulatory Process (pdf)
- Preparándose para la Participación en el Proceso Regulatorio para la Próxima Propuesta "LCRI" de la EPA (pdf)
- Webinar Recording with English and Spanish closed captions
- Regulatory Flexibility Act/Small Business Regulatory Flexibility Act: EPA has invited small entities, specifically public water systems serving 10,000 or fewer people, to participate as Small Entity Representatives (SERs) for a Small Business Advocacy Review (SBAR) Panel that focused on the Agency’s effort to develop the Lead and Copper Rule Improvements (LCRI). When taking action on lead, EPA intends to ensure that small entities, particularly those in disadvantaged communities, are fully engaged in solutions. For more information about the SBAR panel, please see https://www.epa.gov/reg-flex/potential-sbar-panel-national-primary-drinking-water-regulation-lead-and-copper-rule.
- Science Advisory Board (SAB): EPA conducted a consultation with the agency’s SAB on tools, indicators, and measures for use in future analyses to determine environmental justice (EJ) impacts of lead service line presence and replacement in drinking water systems. EPA transmitted to the SAB materials to support the consultation including an overview and draft case studies. The public meeting for the chartered Science Advisory Board was held on November 3rd and November 4th, 2022.
- For more information about these documents, the SAB review, or the public meeting please visit the SAB website.
- Public Meetings on Environmental Justice: EPA held two identical virtual public meetings related to environmental justice and the development of the proposed LCRI on October 25, 2022 (1-4 pm EDT) and November 1, 2022 (5-8 pm EDT). These sessions provided opportunities for EPA to share information about the upcoming LCRI rulemaking and for individuals to offer input on environmental justice considerations related to the rule. EPA encouraged the public to share thoughts on how to equitably address lead in drinking water issues in their communities.
- Federal Register Notice – Notice of Public Meeting: Environmental Justice Considerations for the Development of the Proposed Lead and Copper Rule Improvements (LCRI).
- EPA accepted written public comments in the public docket. The docket can be found at www.regulations.gov, Docket ID No. EPA-HQ-OW-2022-0801.
- Meeting materials and meeting summaries for both meetings are available in the public docket
- Press Release here.
Background
On January 15, 2021, the agency issued Lead and Copper Rule Revisions (LCRR). Subsequently, the agency reviewed the 2021 LCRR to further evaluate if the rule protects families and communities, particularly those that have been disproportionately impacted by lead in drinking water. The agency concluded that there were significant opportunities to improve the 2021 LCRR. EPA identified priority improvements for the LCRI: proactive and equitable lead service line replacement, strengthening compliance tap sampling to better identify communities most at risk of lead in drinking water and to compel lead reduction actions, and reducing the complexity of the regulation through improvement of the action and trigger level construct. EPA is proposing the LCRI to significantly reduce exposure to lead through drinking water. EPA intends to promulgate the LCRI prior to October 16, 2024.
The agency has determined that there are advancements in the 2021 LCRR and that rule will go into effect to support near term development of actions to reduce lead in drinking water. Specifically, lead service line inventories that will be developed under the 2021 LCRR are necessary to achieve 100% removal of lead service lines. EPA intends to maintain the requirements for information to be submitted in the initial lead service line inventory by the current October 16, 2024 compliance date. Maintaining this compliance deadline ensures water systems will make continued progress to identify lead service lines, which is integral to lead reduction efforts.